SUPREME COURT.

Dominion, Volume 5, Issue 1500, 24 July 1912, Page 2

SUPREME COURT.

CASE 'UNDER .ELIZABETHAN LAW. The case of William-Bnrnskill -r, Barbara Vary Anderson (formerly Cowan') ajid George Cowan, which had been heard in the"Supreme Cburt;before 'Mr.' Jus-' ti.co Cooper at the last civil sessions, was finally decided yesterday'morning.' The action was brought oil the authority of a law made in the reign of Queen-Eliza-beth, dealing with the evasion of debt. .It dealt with a. guarantee : given-' to Brunskill -by Mrs. Anderson '(formerlv Cowan), on ,which guarantee;; Brnnskill Jiad obtained judgment for <£129 4s.' Id. together with costs totalling iG ' 9s. Gd. Mrs. Anderson pleaded iuability to pay, and stated t.hat. she had no property. It appeared that just prior to her second marriage she had settled the bulk of her property upon her children, this being done' with the. intention of protecting her children in' regard to the. second marriage..' • Th'p tinestion submitted to the Court war. whether :<when a voluntary settlement has 'been made, and, has the effect of defeating creditors') the .Court will conrlum'vely pr€srume that it teas made with tho intention of'-defeating creditors. At/th&' heahngrMr.; A. ;Falr appeared for ; Bronskillj- and Mr'. B, E.-Murphv, of Feildinfr.. appeared t'or,Mrs..Andor."jon and George Cowan.-" ■ '<■ ----- His Honour - delivered a "very lengthy judifment some time ago, reviewing the aiithorifiEs on .the ease,, but saij that he c.ould not then finally settle the miestion until he had information as to whether t.lie'.settromen.t".had.'.been..f6llowed by a transfer of certain,, mortgages ..to '.the trustees. The matter ,'w therefore adi

jonrned to enable counsel to furnish the Court with this information. Counsel bavin? furni-hecl the Court with this information, his Honour yesterday gave judgment for William Brunskill, and directed that the trustees should assist in making the properly nvailahlo for satisfaction of the debt, tiie interests of the mortgagees to be protected.

IN DIVORCE. TIIE CASE 01' THE COXINGHAMS. The divorce case, Coninghnm v. Coninghain, husband's counter-petition, was mentioned in Chambers before Mr. Justice Sim yesterday Morning. Mr. I'. W. Jackson appeared in support of an. application by the respondent for further particulars and for security for costs. As petitioner did not appear, Mr. Jackson put in au affidavit of personal service. An order was made directing the amendment of the petition, by giving particulars. " His Honour further ordered that petitioner should give security for £10 costs bjfore the ease be brought 011.